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WALLIC v. WATERPOINTE AT OAKDALE SHORES, INC.

249 A.D.2d 383 (1998)

670 N.Y.S.2d 362

John Wallice, Appellant, v. Waterpointe at Oakdale Shores, Inc., Defendant, and Fleet Bank, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 13, 1998

Ordered that the order is affirmed, with costs.

It is well settled that where, as here, a moving party has made a prima facie showing of its entitlement to summary judgment, the burden shifts to the opposing party to produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which require a trial of the action (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 334;

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